Petcube Gift Card Terms and Conditions
The following are the terms and conditions applicable to all Petcube Gift Cards, except as otherwise provided by law.
Petcube Gift Cards may only be redeemed toward the purchase of eligible goods provided by Petcube, Inc. (“Petcube”) and its affiliates on https://petcube.com, or its affiliated websites. Petcube Gift Cards may not be redeemed for the purchase of any products or services of Petcube or otherwise, except as indicated by these terms and conditions. The Petcube Gift Cards do not expire and may be redeemed for eligible purchases notwithstanding any stated expiration date.
Except as required by law, the Petcube Gift Cards are not redeemable for cash, are not eligible for return, cannot be applied as payment to any account, cannot be used to purchase additional Petcube Gift Cards, and cannot be used for purchases for shipment to countries that we do not ship to or for any other products or services as determined by Petcube in its sole discretion. If you have received your Petcube Gift Card through the purchase of a promotional bundle, and you return the other elements of the promotional bundle via the Petcube return program, you do not need to return the Petcube Gift Card. Instead, the Petcube Gift Card associated with the promotion will be automatically cancelled.
The risk of loss and title for a Petcube Gift Card passes to a purchaser (“you”) upon receipt of the Petcube Gift Card by the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Petcube is not responsible if any Petcube Gift Card is lost, stolen, destroyed or used without your permission.
Petcube has the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Petcube Gift Card is redeemed and/or used to make purchases on https://petcube.com or any affiliated website.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PETCUBE GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A PETCUBE GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Petcube may modify these terms and conditions at any time at our discretion, and any change shall be noted on these terms and conditions. The terms and conditions found at https://petcube.com/docs/terms-of-use/ apply.
When you purchase, receive or redeem a Petcube Gift Card, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these terms and conditions and your use of the Petcube Gift Card. All terms and conditions are applicable to the extent permitted by law. If any part of these terms and conditions is deemed to be invalid or otherwise unenforceable or illegal, the balance of these terms and conditions shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision, or the invalid or illegal portion of a provision, were not contained herein.
Any dispute or claim relating in any way to Petcube Gift Cards shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Petcube and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Petcube and you each waive any right to a jury trial. Petcube and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Revised 07.07.2017
